Supreme Court of New Jersey, 1903

Hatcher v. Pennsylvania Railroad

Hatcher v. Pennsylvania Railroad
Supreme Court of New Jersey · Decided February 24, 1903
69 N.J.L. 227; 54 A. 563; 1903 N.J. Sup. Ct. LEXIS 191

Hatcher v. Pennsylvania Railroad

Opinion of the Court

Per Curiam.

The plaintiff: was injured while alighting from a train of the defendant company at its station at Elizabeth. His story, as told upon the witness-stand, is that, after the train had come to a stop, he went upon the platform of the car to alight; that before he had done so a bralceman pushed him from the train, and that, just as he was pushed, the train started up and he was thrown off. His story is entirely uncorroborated.

*228The overwhelming weight of the testimony contradicts the plaintiff’s story, and shows that he was injured solely by reason of his own negligence; that he was not pushed off the train, but that he either stepped or jumped off, while it was still in motion and before it had come to a standstill.

The rule to show cause should be made absolute.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.